Why Are Charges Uncommon in Bike/Car Collisions?

Wednesday, December 18, 2013

Why Are Charges Uncommon in Bike/Car Collisions?

Written by Malman Law, reviewed by Steve J. Malman.

Although cyclists are often at risk while riding and are often hit, there are not as many citations and charges associated in bike accidents.
That’s what a recent New York Times report claims, in which various gathered anecdotes cite instances involving deadly bicycle accidents. Unfortunately, the author of the article, Daniel Duane, found that when many cyclists were hit, there were no charges made when vehicle drivers were at fault.

Car accident attorneys can help make sure that victims of vehicle accidents receive the highest amount of compensation for their suffering, which is why cyclists and their families should take legal action immediately after an accident.

Prosecutorial Discretion

According to the New York Times article, it is commonly agreed that when two automobiles collide, one of the drivers is at fault for the accident, but in spite of this charges still aren’t made in many instances unless a DUI or hit and run is involved. Another reason people don’t press charges is because of jury partiality, as juries often identify and sympathize with the drivers in bike vs. car accident cases.

Prosecutorial discretion occurs when prosecutors choose not to file charges or drop them for certain reasons. One of the most common reasons is because there isn’t as much evidence readily available as there is in most car crashes. Unfortunately, even if a car accident lawyer manages to recover compensation for victims, cases may not become those of criminal conduct.

Driver Liability in Bike Accidents

Many drivers may evade punishment issued by the justice system, but there are many cases that have resulted in millions of dollars in compensation awarded to injured cyclists and their families. Cases involving children who are injured or killed on bicycles are more likely to see drivers faced with criminal charges.

If you or your loved ones are injured or killed as a result of another driver’s negligence, there is something your family can do to prevent the person from causing more harm to others. Discuss bike accident cases with a car accident attorney today to learn more about your rights.